This is the accessible text file for GAO report number GAO-09-251R
entitled 'GAO Bid Protest Annual Report to the Congress for Fiscal Year
2008' which was released on December 22, 2008.
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GAO-09-251R:
United States Government Accountability Office:
Washington, DC 20548:
B-158766:
The Honorable Nancy Pelosi:
Speaker of the House of Representatives:
Dear Madam Speaker:
This letter responds to the requirements of the Competition in
Contracting Act of 1984, 31 U.S.C. § 3554(e)(2) (2000), that the
Comptroller General report to Congress each instance in which a
federal agency did not fully implement a recommendation made by our
Office in connection with a bid protest decided the prior fiscal year.
We are pleased to report that there was no such occurrence during
fiscal year 2008.
During the fiscal year, we received 1,563 protests (including 59 cost
claims) and 89 requests for reconsideration, for a total of 1,652
cases. We closed 1,581 cases: 1,506 protests (including 52 cost
claims), 71 requests for reconsideration and 4 non-statutory
decisions. Enclosed for your information is a chart comparing the bid
protest activity for fiscal years 2004-2008.
A copy of this report, with the enclosure, is being furnished to the
Chairman and Ranking Minority Member of the House Committee on
Government Reform. A similar report is being furnished to the
President of the Senate.
Sincerely yours,
Signed by:
Gary L. Kepplinger:
General Counsel:
Enclosure:
[End of letter]
Bid Protest Statistics for Fiscal Years 2004-2008:
Cases Filed[1]:
FY 2008: 1,652[2] (up 17%)[3];
FY 2007: 1,411 (up 6%);
FY 2006: 1,327 (down 2%);
FY 2005: 1,356 (down 9%);
FY 2004: 1,485.
Cases Closed:
FY 2008: 1,582;
FY 2007: 1,393;
FY 2006: 1,274;
FY 2005: 1,341;
FY 2004: 1,405.
Merit (Sustain + Deny) Decisions:
FY 2008: 291;
FY 2007: 335;
FY 2006: 249;
FY 2005: 306;
FY 2004: 365.
Number of Sustains:
FY 2008: 60;
FY 2007: 91;
FY 2006: 72;
FY 2005: 71;
FY 2004: 75.
Sustain Rate:
FY 2008: 21%;
FY 2007: 27%;
FY 2006: 29%;
FY 2005: 23%;
FY 2004: 21%.
Effectiveness Rate (reported)[4]:
FY 2008: 42%;
FY 2007: 38%;
FY 2006: 39%;
FY 2005: 37%;
FY 2004: 34%.
ADR[5] (cases used):
FY 2008: 78;
FY 2007: 62;
FY 2006: 91;
FY 2005: 103;
FY 2004: 123.
ADR Success Rate[6]:
FY 2008: 78%;
FY 2007: 85%;
FY 2006: 96%;
FY 2005: 91%;
FY 2004: 91%.
Hearings[7]:
FY 2008: 6% (32 cases);
FY 2007: 8% (41 cases);
FY 2006: 11% (51 cases);
FY 2005: 8% (41 cases);
FY 2004: 9% (56 cases).
[1] All entries in this chart are counted in terms of the docket
numbers (“B” numbers) assigned by our Office, not the number of
procurements challenged. Where a protester files a supplemental
protest or multiple parties protest the same procurement action,
multiple iterations of the same “B” number are assigned (i.e., .2,
.3). Each of these numbers is deemed a separate protest for purposes
of this chart.
[2] Of the 1,652 cases filed in FY 2008, 87 are attributable to
expanded bid protest jurisdiction over task orders (49 filings), A-76
protests (30 filings), and Transportation Security Administration
protests (8 filings). If these expanded jurisdiction protests are
subtracted from the FY 2008 total, the result is 1,565 cases filed,
which represents a 10.9% increase over FY 2007.
[3] From the prior fiscal year.
[4] Based on a protester obtaining some form of relief from the
agency, as reported to GAO.
[5] Alternative Dispute Resolution.
[6] Percentage resolved without a formal GAO decision.
[7] Percentage of fully developed decisions in which GAO conducted a
hearing.
[End of enclosure]